What assets are subject to division after divorce?

/in /by

Let’s start with the fact that after marriage between spouses a system of statutory community of property is created by law. This means that from that moment we are dealing with as many as three masses of property, namely the common property of the spouses and the personal property of each of them. Of course, as is often the case in life, after some time the spouses come to the conclusion that their marriage is a sham, as a result of which they decide to divorce, after which it becomes necessary to divide the previously accumulated joint property. 

It is worth noting that not all assets will be included in the joint estate of the spouses, which consequently means that they will not be able to be divided. So what components did the legislator include in the joint estate?

 

assets division

 

    • collected labor remuneration and income from other gainful activity of each spouse – it should be pointed out that when speaking of labor remuneration, the legislator meant any remuneration received by the spouses regardless of the form of employment. However, with regard to gainful activity, it meant the business activity of each spouse carried out continuously and on his own behalf. 
    • income from joint property, as well as from the personal property of each spouse – income from joint property is defined as any income from items included in the joint property. Personal income, on the other hand, is defined as pure income.
    • funds accumulated in each spouse’s open or occupational pension fund account. 
    • the amounts of contributions accumulated on the subaccount referred to in Article 40a of the Act of October 13, 1998 on the social security system – these contributions are valorized pension contributions.

Thus, the components outlined above will be important in property division cases. They are the ones that, according to the legislator’s indications in Article 31 of the Civil Code, are part of the joint property of the spouses and are subject to division in the event of their divorce. 

If you have any questions or doubts, as well as if you would like to cooperate with us in conducting a case for the division of joint property, we invite you to contact our attorney Catherine, who will be happy to answer your questions and help you throughout the procedure.

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com